These Terms and Conditions govern your access and use of, and your rights and obligations when accessing and/or using this website and/or using the services provided herein.
If you do not accept these Terms and Conditions, please immediately discontinue your access to this website and/or of this services. Your continued use and/or access of the website and/or using the services provided herein will be deemed your acceptance of these Terms and Conditions.

1. General

1.1

The term "EMS" also known as Energy Monitoring System, used herein refers to TAIACE ENERGY SERVICES SDN BHD (TESS) (Company No: 1005041-X).

1.2

All TESS products and services provided herein are subject to the terms and conditions of the applicable agreements governing their use. These Terms and Conditions are meant to regulate your access to this website and they shall be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s) provided in this website. In the event of any conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) provided herein, the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) shall prevail.

2. Hyperlink to Third Parties
Hyperlink from or to websites outside this website are meant for convenience and reference only. Such hyperlinked websites are owned and operated by third parties and as such are not under the control of the TESS. Therefore TESS shall not be responsible and makes no warranties in respect of the contents of those websites, the third parties named therein or their products and services. Furthermore, the hyperlinks provided in this website shall not be considered an endorsement or verification or approval of such linked websites or the contents therein. Hyperlink to any other site is at your sole risk and the EMS will not be responsible or liable for any damages in connection with hyperlink or your participation or use of information, material, services or promotion.

3. IP Address

3.1	The "IP" part of IP address stands for "Internet Protocol." The "address" part refers to a unique number that gets linked to all online activity you do in EMS`s website. All activity will be recorded. Please do not attempt screen short or print for the use of other purposes.

4. Copyright & Trademark

4.1	All copyrights, trademarks / service marks, patents, logos and other intellectual property rights of the TESS or others in this website and contents whereof and in the TESS services (including, but not limited to, all information, details, graphics, data, files, text, sound recordings and the sequence and arrangement of the same) shall at all times vest and remain vested in the TESS or the relevant third party proprietor as the case may be.
4.2	No part or parts of this website may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, used, sold or commercially dealt with in any manner without the express prior written consent of the TESS.
4.3	Unless the TESS`s expressed prior written consent is obtained, no insertion of a hyperlink to this website on any other website and no frame or "mirror" of any material contained on this website on any other server.
4.4	Unless the prior written consent of the TESS or the relevant proprietor has been obtained, no such trademark, service mark or logo or any other intellectual property rights may be used as a hyperlink or to mark any hyperlink to the TESS website or any other site.
4.5	Any such unauthorized reproduction, retransmission or other copying or modification of any of the contents of the EMS’s website may be in breach of statutory or common law rights which could be the subject of legal action.

5. Exclusion of Liability

5.1

In no event the TESS shall be liable for any loss or damages howsoever arising whether in tort, contract, strict liability, negligence or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this website (or any third party hyperlink to or from the EMS`s website), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

5.2

This clause shall take effect to the fullest extent permitted by law.

6. Indemnity
You hereby irrevocably agree to indemnify and keep indemnified the TESS from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by the TESS in connection with or arising from:-

1. your use or misuse of this website and the services provided herein; or
2. your breach of these Terms and Conditions howsoever occasioned; or
3. any intellectual property right or proprietary right infringement claim made by a third party against the EMS in connection with your use of this website.

7. Termination
The TESS have the right to terminate and/or suspend your access to this website and/or your use of this website at any time, for any reason whatsoever. In particular, and without limitation, the TESS may terminate and/or suspend your access if there is any violation of these Terms and Conditions, or violation of TESS`s rights or any other user or any third party.

8. Law and Jurisdiction
These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein by the TESS, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website.

The TESS makes no representation that the materials, information, functions and/or services provided on this website are appropriate or available for use in jurisdictions other than Malaysia.

9. Waiver
No failure or delay on the part of the TESS in exercising nor any omission to exercise any right, power, privilege or remedy provided in the Terms and Conditions shall constitute a waiver or acquiescence of such default which shall affect or impair any right, power, privilege or remedy herein.

10. Severability
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the Terms and Conditions shall continue in full force and effect.

11. Change of Terms and conditions
The TESS reserves the right to vary, amend or supplement any of the Terms and Conditions by way of notice in such manner as deemed suitable by the TESS from time to time. Notwithstanding the same, you should be able to view the revised terms and conditions upon access to the website and use of the services thereafter shall constitute your acceptance to the variations, amendments or supplements.

12. Successors Bound
The Terms and conditions herein shall be binding upon your heirs personal representatives executors and successors in title and on the successors in title, assigns of the TESS, and you shall not be entitled to assign any of the yours’s rights or obligations under the Terms and conditions herein unless with the express prior written consent of the TESS.

13. Miscellaneous
The headings used in these Terms and Conditions are for reference and convenience only and shall not be taken into consideration in the interpretation or construction of these Terms and Conditions.